Summary: We will not investigate this complaint about a Penalty Charge Notice. It is reasonable for Ms X to use her statutory right of appeal.

The complaint

1. Ms X complained about a penalty charge notice (PCN) issued by the Council in September 2023. She says she did not receive the PCN until December 2023. She says she was forced to pay Council Enforcement Agents £514 to settle the case.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

7. I considered information provided by the Ms X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council issued a Penalty Charge Notice (PCN) in September 2023 for a road traffic offence and sent the notice to the address provided by the DVLA for the registered keeper.
10. Ms X says she did not receive the PCN until December 2023
11. The Council followed statutory procedure and issued further notices including Notices of Enforcement in November 2023, January 2024 and February 2024.
12. Ms X has paid the increased penalty of £514.
13. Ms X has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. If the TEC accepts Ms X’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms X’s right of appeal against it to the Council initially and then the London Tribunals. Ms X can then decide if she wishes to appeal the PCN or pay the penalty. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. It is reasonable to expect her to use this process.

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Final decision

14. We will not investigate Ms X’s complaint as it is reasonable for her to use her statutory right of appeal.

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Investigator's decision on behalf of the Ombudsman